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In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago , and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen -a decision whose far-reaching implications are still being unraveled. To Trust the People with Arms explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the nation's founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century. Robert J. Cottrol and Brannon P. Denning link the right to bear arms with other major themes in American history. Prompted by the eighteenth-century belief that arms played a vital role in preserving the liberties of the citizen, the Second Amendment met many challenges in the nation's history. Among the most acute of these were racism, racial violence, and the extension of the right to bear arms to African Americans and other marginalized groups. The development of modern firearms and twentieth-century urbanization also challenged traditional notions concerning the value of an armed population. Cottrol and Denning make a particularly important contribution linking the nation's participation in the wars of the twentieth century and the strengthening of American gun culture. Most of all, they give a nuanced and sophisticated legal history that engages legal realism, different varieties of originalism, and the role of chance and accident in history. To Trust the People with Arms integrates history, politics, and law in an interdisciplinary way to illustrate the roles that guns and the right to keep and bear arms have played in American history, culture, and law.

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a \"stranger to the Constitution.\" Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of \"illegals\" should be vigilantly preserved.

The United States witnessed an unprecedented failure of its political system in the mid-nineteenth century, resulting in a disastrous civil war that claimed the lives of an estimated 750,000 Americans. In his other acclaimed books about the American presidency, Fred Greenstein assesses the personal strengths and weaknesses of presidents from George Washington to Barack Obama. Here, he evaluates the leadership styles of the Civil War-era presidents. Using his trademark no-nonsense approach, Greenstein looks at the presidential qualities of James K. Polk, Zachary Taylor, Millard Fillmore, Franklin Pierce, James Buchanan, and Abraham Lincoln. For each president, he provides a concise history of the man's life and presidency, and evaluates him in the areas of public communication, organizational capacity, political skill, policy vision, cognitive style, and emotional intelligence. Greenstein sheds light on why Buchanan is justly ranked as perhaps the worst president in the nation's history, how Pierce helped set the stage for the collapse of the Union and the bloodiest war America had ever experienced, and why Lincoln is still considered the consummate American leader to this day. Presidents and the Dissolution of the Unionreveals what enabled some of these presidents, like Lincoln and Polk, to meet the challenges of their times--and what caused others to fail.

The Second Amendment, which concerns the right of the people to keep and bear arms, has been the subject of great debate for decades. Does it protect an individual's right to arms or only the right of the states to maintain militias? In this book David C. Williams offers a new reading of the Second Amendment: that it guarantees to individuals a right to arms only insofar as they are part of a united and consensual people, so that their uprising can be a unified revolution rather than a civil war.Williams argues that the Second Amendment has been based on myths about America-the Framers' belief in American unity and modern interpreters' belief in American distrust and disunity. Neither of these myths, however, will adequately curb political violence. Williams suggests that the amendment should serve not as a rule of law but as a cultural ideal that promotes our unity on the use of political violence and celebrates our diversity in other areas of life.

Politically active individuals and organizations make huge investments of time, energy, and money to influence everything from election outcomes to congressional subcommittee hearings to local school politics, while other groups and individual citizens seem woefully underrepresented in our political system.The Unheavenly Chorusis the most comprehensive and systematic examination of political voice in America ever undertaken--and its findings are sobering. The Unheavenly Chorusis the first book to look at the political participation of individual citizens alongside the political advocacy of thousands of organized interests--membership associations such as unions, professional associations, trade associations, and citizens groups, as well as organizations like corporations, hospitals, and universities. Drawing on numerous in-depth surveys of members of the public as well as the largest database of interest organizations ever created--representing more than thirty-five thousand organizations over a twenty-five-year period--this book conclusively demonstrates that American democracy is marred by deeply ingrained and persistent class-based political inequality. The well educated and affluent are active in many ways to make their voices heard, while the less advantaged are not. This book reveals how the political voices of organized interests are even less representative than those of individuals, how political advantage is handed down across generations, how recruitment to political activity perpetuates and exaggerates existing biases, how political voice on the Internet replicates these inequalities--and more. In a true democracy, the preferences and needs of all citizens deserve equal consideration. Yet equal consideration is only possible with equal citizen voice.The Unheavenly Chorusreveals how far we really are from the democratic ideal and how hard it would be to attain it.

Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA \"failed\" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade , but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.

The framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

Children's health has made tremendous strides over the past century. In general, life expectancy has increased by more than thirty years since 1900 and much of this improvement is due to the reduction of infant and early childhood mortality. Given this trajectory toward a healthier childhood, we begin the 21st-century with a shocking development-an epidemic of obesity in children and youth. The increased number of obese children throughout the U.S. during the past 25 years has led policymakers to rank it as one of the most critical public health threats of the 21st-century. Preventing Childhood Obesity provides a broad-based examination of the nature, extent, and consequences of obesity in U.S. children and youth, including the social, environmental, medical, and dietary factors responsible for its increased prevalence. The book also offers a prevention-oriented action plan that identifies the most promising array of short-term and longer-term interventions, as well as recommendations for the roles and responsibilities of numerous stakeholders in various sectors of society to reduce its future occurrence. Preventing Childhood Obesity explores the underlying causes of this serious health problem and the actions needed to initiate, support, and sustain the societal and lifestyle changes that can reverse the trend among our children and youth.

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.